THE HOUSE AND SENATE. Beacon Hill Roll Call records local representatives and senators' votes on two roll calls from the week of January 11-15.

EDUCATION SYSTEM CHANGES (S 2247)

House 98-47, Senate 23-12, approved and sent to Gov. Deval Patrick a lengthy and complicated bill making changes to the state's education system including implementing mechanisms designed to improve underperforming schools. The House and Senate had approved different versions of the bill and a conference committee drafted this compromise plan.

The measure creates Innovation Schools that are district schools with increased autonomy and flexibility to operate. It raises the state’s spending cap for charter schools from nine percent to 18 percent of new school spending in the lowest ten percent of performing districts and eliminates the cap that limits the state’s total charter school population to four percent.

Other provisions require all public high schools to include a mandatory course on the correct use, display and etiquette relating to the American flag and allow the education department to designate up to 72 schools as "underperforming." These schools would be targeted for aggressive intervention including making it easier to dismiss and replace poor teachers and administrators and to reopen and amend collective bargaining agreements. According to a summary of the bill, "In the worst performing schools, the commissioner may amend collective bargaining agreements without negotiation, as necessary."

Supporters said that the bill would address a persistent and growing gap between achievement levels at schools across the state and help improve many underperforming urban schools. They noted that this legislation must be signed into law quickly in order for the state to be eligible for its portion of up to $250 million in federal education grants.

Some opponents said that this complicated bill has only been in print for a few hours and is irresponsibly being rushed through the Legislature. Others said that it is just another temporary Band-Aid solution to an ever growing list of problems with the state's school system. Some took issue with specific sections of the bill including a provision that one opponent said would weaken or even eliminate the collective bargaining rights of some teachers.

(A "Yes" vote is for the bill. A "No" vote is against the bill).

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, Yes                                     Sen. Robert Hedlund, No                                      

MORE POWER FOR CITIES AND TOWNS TO COLLECT FINES (H 3588)

House 143-1, approved and sent to the Senate a bill that would increase the power of cities and towns to collect fines for violations of local sanitary, housing and snow and ice removal laws. The measure, effective only in municipalities that adopt it, would allow communities to add unpaid fines to the offender's property tax bill. If the fine is still not paid, the community would be allowed place a lien on the property. The measure is designed with the main goal of collecting fines for improper trash disposal by absentee landlords. Another provision exempts anyone who in good faith removes snow or ice from sidewalks abutting their property, from liability for any personal injuries unless the alleged misconduct was gross negligence.

Supporters said that millions of dollars in fines go unpaid under the current system that forces cities and towns to go to Housing Court to collect unpaid fines. They argued that allowing unpaid fines to be added to property tax bills would increase collections and help struggling cities and towns. They also noted that it should not be so easy to sue property owners when they make a good faith attempt to shovel snow and ice.

The lone opponent did not offer any arguments against the bill.

The House and Senate approved a similar bill at the end of the 2008 session but Gov. Patrick pocket vetoed it. A pocket veto can occur when the Legislature approves a bill at the end of a legislative year. If the governor does not act on the measure within ten days, it is considered to be vetoed. Since the legislative year is over, the Legislature does not have the opportunity to override the veto.

Last year the governor's office explained its opposition to the bill. A statement said, "We were concerned that the legislation would for the first time create different tort standards depending on the community an event occurred in which could cause great confusion in the legal process. It also would have made it much more difficult for those legitimately harmed through negligence of a property owner to obtain redress."

Rep. Thomas Calter, Yes                                     Rep. Daniel Webster, Yes                             

SUSPEND RULES TO ALLOW IMMEDIATE CONSIDERATION OF EDUCATION BILL

Senate 29-6, suspended rules to allow the Senate to immediately consider the conference committee version of the education bill. The rule that was suspended requires that a copy of a conference committee report be in print by 8 p.m. the night before the day of the vote in order to be considered that day. The education bill missed that deadline by six hours when it was finally printed around 2 a.m.

Supporters of rule suspension said that the state is in danger of losing $250 million in federal education grants if the bill is not approved today.

Opponents said that members have not had time to read the complicated bill and should not be voting on something about which they do not know the details. The argued that the Senate could work on the bill the next day and still meet the deadline for federal grants.

(A "Yes" vote is for suspending rules to allow immediate consideration of the education bill. A "No" vote is against rule suspension).

Sen. Robert Hedlund, No                                      

ALSO UP ON BEACON HILL

REQUIRE RECYCLING BINS NEAR VENDING MACHINES (S 1489) - The Committee on Telecommunication, Utilities and Energy is taking a look at a proposal that would require beverage vending machine owners to place a recycling box near their machines.

ZERO-BASED BUDGETING (S 1455) - The Committee on State Administration and Regulatory Oversight is considering a bill that would require the state to implement zero-based budgeting every four years. This type of budgeting means that all state departments would start with zero dollars and prepare and justify their budget regardless of what it was in prior years.

BETTING ON SUPERBOWL AND MARCH MADNESS (S 164) - A bill on the agenda of the Committee on Consumer Protection and Professional Licensure would allow betting on the outcome of the Super Bowl and "March Madness" NCAA basketball tournament. The measure would permit the buying and selling of pools or betting squares as long as all revenues are used for prizes and not to compensate pool organizers.

ADOPTED CHILD AND MATERNITY LEAVE (S 57) - The Committee on Children, Families and Persons with Disabilities' agenda includes a bill requiring that an employee on maternity leave for the adoption of a child be entitled to the same benefits offered by her employer as an employee on maternity leave for the birth of a child.

ALLOW RETIRED TEACHERS TO TEACH (S 1037) - A bill pending in the Committee on Public Service would allow retired public school teachers to be hired as teachers if there is a critical shortage of certified teachers available in a school district.

CRIMINALS ON PROBATION PAY THEIR OWN FEES (S 1770) - The Committee on the Judiciary is considering legislation that would allow courts to require a defendant to pay for the cost of any programs that he or she attends or services that he or she receives during probation. This would include rehabilitative or assessment programs, urinalysis testing and premiums for liability insurance coverage while the criminal is performing community service work.

QUOTABLE QUOTES

"It is sort of sad in a way that it’s taken the dangling of $250 million in new education aid to finally make the Legislature do the right thing and address some of the problems of the underperforming schools."

–– Sen. Republican Richard Tisei (R-Wakefield) commenting on the Legislature's rush to approve education legislation in order to get $250 million in federal grants.

“I think that we heard a gubernatorial campaign speech over the last five or ten minutes."

–– Sen. Robert O'Leary (D-Cummaquid) commenting on Tisei's speech. Tisei is running for lieutenant governor with GOP gubernatorial candidate Charlie's Baker.

"Once determined, it is imperative that Harry Reid and Massachusetts Democrats adhere to the will of the people and certify this election, so he (Sen. Scott Brown) can take his seat as soon as possible."

–– Florida Gov. Charlie Crist responding to talk that Massachusetts Democrats would try to delay the certification of Brown if he wins the special election to fill Massachusetts' vacant U.S. Senate seat.

"If Governor Crist is so concerned with validating the will of the voters, he should pay more attention to what’s going on in his own state, which has one of the highest unemployment rates in the country at 11.5 percent and is facing a projected budget gap of $4.7 billion for the next fiscal year."

–– Senate President Therese Murray responding to Crist.

Beacon Hill Roll Call

Volume 37 - Report No. 2

January 11-15, 2010

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